RAJKUMAR ALIAS RAJU vs STATE OF UTTARAKHAND AND OTHERS

Petitioner has approached this Court seeking the following reliefs:-

i)Â A writ, order or direction in the nature of certiorari quashing the impugned F.I.R. registered as Case crime No.585/2017, u/s 2(b)(1) (11)/3 of the

U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 at P.S. Kotwali Jwalapur, District Haridwar.

ii) A writ, order or direction in the nature of mandamus commanding the respondent nos.2 and 3 not to arrest and not to harass the petitioner in

pursuance of impugned First

Information Report registered as Case crime No.585/2017, u/s 2(b)(1) (11)/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986

at P.S. Kotwali Jwalapur, District Haridwar. Â

In the present case, first information report has been lodged by respondent no. 3, S.H.O., P.S. Kotwali Jwalapur, District Haridwar against the

present petitioner and some other accused persons, under Sections u/s 2(b)(1) (11)/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act,

1986 mentioning therein that the petitioner is a gang leader and he along with co-accused persons is engaged in criminal activities for economic and

physical advantage. Further, in the F.I.R., gang chart has been shown which discloses that there are five other criminal cases registered against

him.Â

Learned counsel for the petitioner would submit that petitioner is neither gangster nor member of any gang nor has formed any gang for economic

and physical advantage, and all the cases, shown in the gang chart, are result of civil suits.Â

I have considered the submissions of learned counsel for the petitioner and have gone through the contents of the F.I.R. A number of criminal

cases are registered against the petitioner. Prima facie, averments of F.I.R. disclose serious offence against the petitioner. In my opinion, it is not a fit

case where the Court should interfere under Article 226 of the Constitution of India. No interference is therefore called for.

The writ petition is devoid of merit and the same is hereby dismissed. [Interim Relief application CLMA No. 2853 of 2018 also stands dismissed].

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